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1. What changes have the Secretarys memorandum made to the DHS enforcement priorities?
Response: The DHS priorities continue to focus on national security, public safety, and border security.
The Secretary's memorandum provides guidance regarding which illegal aliens should be the focus of
limited DHS enforcement resources. Under the Secretarys guidance, DHSs immigration enforcement
priorities are:
Priority 1 (threats to national security, border security, and public safety). Aliens described in this
priority represent the highest priority to which enforcement resources should be directed:
a. aliens engaged in or suspected of terrorism or espionage, or who
otherwise pose a danger to national security;
b. aliens apprehended at the border or ports of entry while
attempting to unlawfully enter the United States;
c. aliens convicted of an offense for which an element was active
participation in a criminal street gang, as defined in 18 U.S.C.
521(a), or aliens not younger than 16 years of age who
intentionally participated in an organized criminal gang to further
the illegal activity of the gang;
d. aliens convicted of an offense classified as a felony in the
convicting jurisdiction, other than a State or local offense for which
an essential element was the aliens immigration status; and
e. aliens convicted of an aggravated felony, as the term
aggravated felony is defined in Section 101(a)(43) of the
Immigration and Nationality Act at the time of the conviction.
The removal of these aliens must be prioritized unless they qualify for asylum or another form of relief
under our laws, or unless, in the judgment of an ICE Field Office Director, CBP Sector Chief, or CBP
Director of Field Operations, there are compelling and exceptional factors that clearly indicate the alien is
not a threat to national security, border security, or public safety and should not therefore be an
enforcement priority.
Priority 2 (misdemeanants and new immigration violators). Aliens described in this priority, who are
not also described in Priority 1, represent the second-highest priority. Resources should be dedicated
accordingly to the removal of the following:
a. aliens convicted of three or more misdemeanor offenses, other
than minor traffic offenses or State or local offenses for which an
essential element was the aliens immigration status, provided the
offenses arise out of three separate incidents;
b. aliens convicted of a "significant misdemeanor," which for these
[1]
purposes is an offense of domestic violence; sexual abuse or
exploitation; burglary; unlawful possession or use of a firearm;
drug distribution or trafficking; or driving under the influence; or if
not an offense listed above is one for which the individual was
sentenced to time in custody of 90 days or more (the sentence
must involve time to be served in custody, and does not include a
suspended sentence);
c. aliens apprehended anywhere in the United States after
unlawfully entering or re-entering the U.S. and who cannot
establish to the satisfaction of an immigration officer that they